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BENITEZ v. GARCIA

No. 04-56231.

449 F.3d 971 (2006)

Cristobal Rodriguez BENITEZ, Petitioner-Appellant, v. Sylvia GARCIA, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2006.

Attorney(s) appearing for the Case

Barbara Strickland, San Diego, CA, for the appellant.

Matthew Mulford, Deputy Attorney General, San Diego, CA, for the appellee.

Before: FARRIS, D.W. NELSON, and TALLMAN, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

Cristobal Rodriguez Benitez was arrested in Venezuela and extradited to the United States. Benitez was tried and convicted of murder, and sentenced to an indeterminate sentence of fifteen years to life (in addition to four years for the use of a firearm).1 Benitez petitioned for a writ of habeas corpus, arguing that his sentence could not exceed thirty years because of an extradition decree from the Supreme...

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